senate Bill S5657B

2019-2020 Legislative Session

Relates to medical marihuana

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 10, 2020 reported and committed to finance
Feb 19, 2020 print number 5657b
Feb 19, 2020 amend and recommit to health
Jan 08, 2020 referred to health
May 22, 2019 print number 5657a
May 22, 2019 amend and recommit to health
May 10, 2019 referred to health

Votes

view votes

Mar 10, 2020 - Health committee Vote

S5657B
10
2
committee
10
Aye
2
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: Mar 10, 2020

nay (2)
aye wr (2)
excused (1)

S5657 - Details

Current Committee:
Senate Finance
Law Section:
Public Health Law
Laws Affected:
Amd Pub Health L, generally

S5657 - Summary

Provides that medical marihuana may be used as part of the treatment of a patient's condition and removes the "serious" designation of such condition; provides that a practitioner be authorized to prescribe controlled substances in the state and removes the requirement that a physician prescribe such medical marihuana; increases the supply amount of marihuana from thirty to sixty days; allows a designated caregiver facility or designated caregiver facility employee to possess, acquire, deliver, transfer, transport or administer medical marihuana (view more) requires the commissioner of health to establish a medical marihuana research license; establishes a medical marihuana research program; requires the registration of designated caregiver facilities; authorizes the commissioner of health to approve and permit one or more independent laboratories to test medical marihuana; increases the number of dispensing sites of a registered organization from four to eight; and makes related provisions.

S5657 - Sponsor Memo

S5657 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5657

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 10, 2019
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to medical marihuana

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions 1, 5, 7 and 12 of section 3360 of the public
health law, subdivisions 1, 5, 7 and 12 as added by chapter  90  of  the
laws  of  2014, paragraph (a) of subdivision 7 as amended by chapter 273
of the laws of 2018, are amended and three new subdivisions 5-a, 5-b and
19 are added to read as follows:
  1. "Certified medical use" means the acquisition, possession, use, or,
transportation of medical marihuana  by  a  certified  patient,  or  the
acquisition,  possession,  delivery, transportation or administration of
medical marihuana by a designated caregiver, for  use  as  part  of  the
treatment  of  the  patient's  [serious]  condition,  as authorized in a
certification under this title including enabling the patient to  toler-
ate treatment for the [serious] condition. [A certified medical use does
not include smoking.]
  5.  "Designated  caregiver" means the individual OR CAREGIVER FACILITY
designated by a certified patient in a registry application. A certified
patient may designate up to two designated caregivers,  NOT  COUNTING  A
DESIGNATED CAREGIVER FACILITY OR DESIGNATED CAREGIVER FACILITY EMPLOYEE.
  5-A.  "DESIGNATED  CAREGIVER  FACILITY" MEANS AN ENTITY THAT REGISTERS
WITH THE COMMISSIONER TO ASSIST ONE OR MORE CERTIFIED PATIENTS WITH  THE
ACQUISITION,  POSSESSION,  DELIVERY, TRANSPORTATION OR ADMINISTRATION OF
MEDICAL MARIHUANA AND IS: A GENERAL HOSPITAL OR RESIDENTIAL HEALTH  CARE
FACILITY  OPERATING UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; AN ADULT
CARE FACILITY OPERATING UNDER TITLE TWO OF ARTICLE SEVEN OF  THE  SOCIAL
SERVICES  LAW;  A  COMMUNITY  MENTAL  HEALTH RESIDENCE ESTABLISHED UNDER
SECTION 41.44 OF THE MENTAL HYGIENE  LAW;  A  HOSPITAL  OPERATING  UNDER
SECTION  7.17 OF THE MENTAL HYGIENE LAW; A MENTAL HYGIENE FACILITY OPER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

S5657A - Details

Current Committee:
Senate Finance
Law Section:
Public Health Law
Laws Affected:
Amd Pub Health L, generally

S5657A - Summary

Provides that medical marihuana may be used as part of the treatment of a patient's condition and removes the "serious" designation of such condition; provides that a practitioner be authorized to prescribe controlled substances in the state and removes the requirement that a physician prescribe such medical marihuana; increases the supply amount of marihuana from thirty to sixty days; allows a designated caregiver facility or designated caregiver facility employee to possess, acquire, deliver, transfer, transport or administer medical marihuana (view more) requires the commissioner of health to establish a medical marihuana research license; establishes a medical marihuana research program; requires the registration of designated caregiver facilities; authorizes the commissioner of health to approve and permit one or more independent laboratories to test medical marihuana; increases the number of dispensing sites of a registered organization from four to eight; and makes related provisions.

S5657A - Sponsor Memo

S5657A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5657--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 10, 2019
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law, in relation to medical marihuana

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1, 5, 7 and 12 of section 3360 of  the  public
health  law,  subdivisions  1, 5, 7 and 12 as added by chapter 90 of the
laws of 2014, paragraph (a) of subdivision 7 as amended by  chapter  273
of the laws of 2018, are amended and three new subdivisions 5-a, 5-b and
19 are added to read as follows:
  1. "Certified medical use" means the acquisition, possession, use, or,
transportation  of  medical  marihuana  by  a  certified patient, or the
acquisition, possession, delivery, transportation or  administration  of
medical  marihuana  by  a  designated  caregiver, for use as part of the
treatment of the patient's  [serious]  condition,  as  authorized  in  a
certification  under this title including enabling the patient to toler-
ate treatment for the [serious] condition. [A certified medical use does
not include smoking.]
  5. "Designated caregiver" means the individual OR  CAREGIVER  FACILITY
designated by a certified patient in a registry application. A certified
patient  may  designate  up to two designated caregivers, NOT COUNTING A
DESIGNATED CAREGIVER FACILITY OR DESIGNATED CAREGIVER FACILITY EMPLOYEE.
  5-A. "DESIGNATED CAREGIVER FACILITY" MEANS AN  ENTITY  THAT  REGISTERS
WITH  THE COMMISSIONER TO ASSIST ONE OR MORE CERTIFIED PATIENTS WITH THE
ACQUISITION, POSSESSION, DELIVERY, TRANSPORTATION OR  ADMINISTRATION  OF
MEDICAL  MARIHUANA AND IS: A GENERAL HOSPITAL OR RESIDENTIAL HEALTH CARE
FACILITY OPERATING UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; AN  ADULT
CARE  FACILITY  OPERATING UNDER TITLE TWO OF ARTICLE SEVEN OF THE SOCIAL
SERVICES LAW; A COMMUNITY  MENTAL  HEALTH  RESIDENCE  ESTABLISHED  UNDER
SECTION  41.44  OF  THE  MENTAL  HYGIENE LAW; A HOSPITAL OPERATING UNDER
SECTION 7.17 OF THE MENTAL HYGIENE LAW; A MENTAL HYGIENE FACILITY  OPER-
ATING  UNDER  ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW; AN INPATIENT

S5657B (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Public Health Law
Laws Affected:
Amd Pub Health L, generally

S5657B (ACTIVE) - Summary

Provides that medical marihuana may be used as part of the treatment of a patient's condition and removes the "serious" designation of such condition; provides that a practitioner be authorized to prescribe controlled substances in the state and removes the requirement that a physician prescribe such medical marihuana; increases the supply amount of marihuana from thirty to sixty days; allows a designated caregiver facility or designated caregiver facility employee to possess, acquire, deliver, transfer, transport or administer medical marihuana (view more) requires the commissioner of health to establish a medical marihuana research license; establishes a medical marihuana research program; requires the registration of designated caregiver facilities; authorizes the commissioner of health to approve and permit one or more independent laboratories to test medical marihuana; increases the number of dispensing sites of a registered organization from four to eight; and makes related provisions.

S5657B (ACTIVE) - Sponsor Memo

S5657B (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5657--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 10, 2019
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Health in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to medical marihuana

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The  compassionate  care  act  provides
patients  with  necessary access to medical marihuana. While the program
has provided relief  to  numerous  patients,  several  improvements  are
necessary.   Specifically, the program has suffered from overly restric-
tive requirements regarding market participation and product regulation.
Currently, the program restricts access by only permitting  one  dispen-
sary for every 500,000 New Yorkers - leaving both urban and rural commu-
nities  drastically  underserved.  This  act  will  improve the existing
program by providing  opportunities  for  social  equity  applicants  to
participate  in the marketplace in a manner that more accurately repres-
ents the demographics  of  the  state.  Social  equity  applicants  will
include  applicants  from  communities  disproportionately  impacted  by
cannabis law enforcement.  This act will also provide  necessary  flexi-
bility  for market participants to offer products that are more accessi-
ble and affordable to some  of  New  York's  most  vulnerable  citizens.
Specifically, current restrictions on the sale of whole flower result in
medical  products  that are cost-prohibitive to many. Moreover, this act
will provide greater access to individuals who are unable to  enroll  in
the  program  including those with Alzheimer's disease and who have been
diagnosed with autism spectrum  disorder.  Much  like  the  addition  of
chronic  pain as a qualifying condition, this will allow medical practi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11129-08-0

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